The Student Room Group

Criminal Law Moot

I'm doing a criminal moot. I'm the junior respondent.
I'm struggling with my submissions.

The ground of appeal I'm appointed to is:
The decision in R v Barnes 2005 is restricted to cases concerning injury sustained during regulated sporting matches.

Any help is appreciated!! :smile:

Scroll to see replies

I'm doing the exact same and I'm really struggling too.

Could you use Konzani, it deals with transmitted disease however but the decision in r v barnes supported this case which showed its not restricted to sporting events?
I think I am way off but I really cant think of anything else lol.
Reply 2
Original post by Kayleighmarie_
I'm doing the exact same and I'm really struggling too.

Could you use Konzani, it deals with transmitted disease however but the decision in r v barnes supported this case which showed its not restricted to sporting events?
I think I am way off but I really cant think of anything else lol.


I did get that point written down too, and the fact it says that informed consent would be a defence.
I'm just struggling on what to rely on tbh, haha.
It's extremely hard :frown:.
I've also got Jones (1986) and Aitken (1992), to relate to consent, but I'm not sure if that's relevant?
Original post by laurajadexo
I did get that point written down too, and the fact it says that informed consent would be a defence.
I'm just struggling on what to rely on tbh, haha.
It's extremely hard :frown:.
I've also got Jones (1986) and Aitken (1992), to relate to consent, but I'm not sure if that's relevant?




There is a thread on here about it, have u looked it up?
but I totally do not understand half of it haha.
But theres a guy who wrote a lot which is good. He spoke about Jones and Aitken saying that Barnes is relevant but I just cant get it into a point lol
So are you going to use Konzani? I figured you couldn't due to it involving transmitted disease but I'm totally unsure haha.
I was thinking of using the point about conducted sports being a public policy exception and that Barnes may involve an injury relating to sports but this exception applies to other things such as horseplay shown in Re Jones, Re Aitken????????
(edited 8 years ago)
Reply 4
Original post by Kayleighmarie_
There is a thread on here about it, have u looked it up?
but I totally do not understand half of it haha.
But theres a guy who wrote a lot which is good. He spoke about Jones and Aitken saying that Barnes is relevant but I just cant get it into a point lol
So are you going to use Konzani? I figured you couldn't due to it involving transmitted disease but I'm totally unsure haha.
I was thinking of using the point about conducted sports being a public policy exception and that Barnes may involve an injury relating to sports but this exception applies to other things such as horseplay shown in Re Jones, Re Aitken????????


Yeah I've seen it.
I'm just stuck on how I'm going to relate all the points I have to the scenario and the point of law :/
Original post by laurajadexo
Yeah I've seen it.
I'm just stuck on how I'm going to relate all the points I have to the scenario and the point of law :/


have you guys come across anything useful for the ground of appeal The decision in R v Dica [2004] QB 1257,is restricted to the transmission of disease through sexual intercourse.

I am struggling too!
Reply 6
Original post by biscuitmonster
have you guys come across anything useful for the ground of appeal The decision in R v Dica [2004] QB 1257,is restricted to the transmission of disease through sexual intercourse.

I am struggling too!


No sorry! I'm not doing that grounds of appeal unfortunately :frown:
HELP!! Im the lead appellant and I need help with r v dica need help with submission!!
Original post by biscuitmonster
have you guys come across anything useful for the ground of appeal The decision in R v Dica [2004] QB 1257,is restricted to the transmission of disease through sexual intercourse.

I am struggling too!


help!1 have you found any submissions???
Reply 9
Original post by Kayleighmarie_
There is a thread on here about it, have u looked it up?
but I totally do not understand half of it haha.
But theres a guy who wrote a lot which is good. He spoke about Jones and Aitken saying that Barnes is relevant but I just cant get it into a point lol
So are you going to use Konzani? I figured you couldn't due to it involving transmitted disease but I'm totally unsure haha.
I was thinking of using the point about conducted sports being a public policy exception and that Barnes may involve an injury relating to sports but this exception applies to other things such as horseplay shown in Re Jones, Re Aitken????????


Im junior respondent as well and im still struggling to find submissions, could R v Coney apply here as thats a prize fighting case about public policy or is that just completely irrlevant??? so confused!!
Reply 10
Original post by laurajadexo
Yeah I've seen it.
I'm just stuck on how I'm going to relate all the points I have to the scenario and the point of law :/


Im junior respondent as well and im still struggling to find submissions, could R v Coney apply here as thats a prize fighting case about public policy or is that just completely irrlevant??? so confused!!
Original post by Leah2009
Im junior respondent as well and im still struggling to find submissions, could R v Coney apply here as thats a prize fighting case about public policy or is that just completely irrlevant??? so confused!!


I was thinking about using a public policy argument but I just can't find a point.
How would you tu it into a point???
Reply 12
Original post by Kayleighmarie_
I was thinking about using a public policy argument but I just can't find a point.
How would you tu it into a point???


I was thinking of saying something along the lines of how conducted sports are a public policy exception but im not sure how to make that into an argument and what cases to use. what would you use?

Im struggling to come up with concrete submissions for this moot haha
Original post by Leah2009
I was thinking of saying something along the lines of how conducted sports are a public policy exception but im not sure how to make that into an argument and what cases to use. what would you use?

Im struggling to come up with concrete submissions for this moot haha


I'm using the horseplay exception. I'm gonna relate it back to Barnes and public policy.
R v A also known as R v P was looked at during the judgement of Barnes, and you'll find it in the cases cited on westlaw if you wanna look it up.
But that's what I'm using to get around it lol.
Original post by laurajadexo
I'm using the horseplay exception. I'm gonna relate it back to Barnes and public policy.
R v A also known as R v P was looked at during the judgement of Barnes, and you'll find it in the cases cited on westlaw if you wanna look it up.
But that's what I'm using to get around it lol.


I also have submitted my skeleton proforma today, so I have no choice now :|
Reply 15
Original post by laurajadexo
I also have submitted my skeleton proforma today, so I have no choice now :|


Haha youre so lucky you are done, i was thinking of going along the lines of the fact that its a football match so there is informed consent and use konzani to back it up as that case is about the victim knowing what he or she is consenting to?? and then talk about public policy a bit??! i may be way off so im not sure!!
(edited 8 years ago)
Original post by laurajadexo
I'm using the horseplay exception. I'm gonna relate it back to Barnes and public policy.
R v A also known as R v P was looked at during the judgement of Barnes, and you'll find it in the cases cited on westlaw if you wanna look it up.
But that's what I'm using to get around it lol.


Have u finally submitted it?? What was your final points?
Them ones ^^^
Original post by Leah2009
Haha youre so lucky you are done, i was thinking of going along the lines of the fact that its a football match so there is informed consent and use konzani to back it up as that case is about the victim knowing what he or she is consenting to?? and then talk about public policy a bit??! i may be way off so im not sure!!


Trust me I don't feel lucky, I didn't have any idea of what else to do so just went with that one submission. I'm not very confident in it :frown: haha.

Yeah, that's what I was going to do at first, but then I couldn't relate it to the actual point in any way, of it not being restricted..
Original post by Kayleighmarie_
Have u finally submitted it?? What was your final points?
Them ones ^^^


Yeah, I used R v A, R v Aitken and R v Jones as my authority and how they were applied in the actual submission, just to keep it brief..
But then in the actual moot I will bulk it out and talk about the public policy etc etc, just to make sure it relates to the ground of appeal.

I'm not confident in it at all though :frown:
Reply 19
Original post by laurajadexo
Trust me I don't feel lucky, I didn't have any idea of what else to do so just went with that one submission. I'm not very confident in it :frown: haha.

Yeah, that's what I was going to do at first, but then I couldn't relate it to the actual point in any way, of it not being restricted..


Yeah thats true, i just realised, so im stuck again haha

Quick Reply

Latest

Trending

Trending